RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBERS:  BC-2004-02161
            INDEX CODE:  131.00
            COUNSEL:  None

            HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  records  be  corrected  to  reflect  he  was  promoted  to  first
lieutenant in 1944.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should have been promoted with his year group in 1944.  He believes
his records were not reviewed due to his transient status.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

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STATEMENT OF FACTS:

The  applicant  enlisted  in  the  Enlisted  Reserve  Corps  (ERC)  on
10 February 1943.  He was honorably discharged on 7 February  1944  to
accept a commission.  He entered active duty as  a  second  lieutenant
(2Lt) in the Army of the United States (AUS) on 8 February  1944.   He
was relieved from active duty in the grade  of  second  lieutenant  on
7 October 1945.  He entered the Air Corps (AC)  Reserve  as  a  second
lieutenant on 23 November 1945.  He entered the Officers Reserve Corps
(ORC) as a first lieutenant on 1 July 1947.  The  applicant  continued
his military career, and was progressively promoted  to  the  rank  of
major and retired on 11 February 1985.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPO states the requirements for promotion were  governed  by
Army Regulation (AR) 605-12, Temporary Promotions in the Army  of  the
United States dated  24  July  1944.   Generally,  officers  were  not
recommended for promotion,  nor  were  recommendations  forwarded,  or
promotions approved by  a  commander  exercising  promotion  authority
unless a position  vacancy  existed  under  the  jurisdiction  of  the
commander concerned in the grade to which promotion  was  recommended.
Additionally, officers were not recommended for promotion  until  they
served the minimum time-in-grade requirements.

On 9 December 1944, AR 605-12 was amended to allow second  lieutenants
who had completed 18  months  of  service  to  be  promoted  to  first
lieutenant without  regard  to  Table  or  Organization  or  allotment
vacancies in the grade of first lieutenant, provided  the  individuals
were qualified for and worthy of promotion.  The authorization was not
to be used for automatic promotion of all second lieutenants, but  was
reserved for those denied merited advancement solely because they were
not assigned to positions established for the higher grade.

HQ AFPC/DPPPO further recommends the  requested  relief  be  dismissed
under the equitable doctrine of laches, which denies relief to one who
has unreasonably and inexcusably delayed in asserting a claim.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
22 October 2004, for  review  and  response.   As  of  this  date,  no
response has been received by this office.

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THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt its rationale  as  the  basis  for  our  decision  that  the
applicant has failed to sustain his burden that he has suffered either
an  error  or  an  injustice.   Army  Regulation   605-12,   Temporary
Promotions in the Army of the United States,  24 July  1944,  governed
the requirements for promotion.  On 9 December  1944,  the  regulation
was amended to allow second lieutenants who had completed 18 months of
service to be promoted to first lieutenant without regard to the Table
of  Organization  or  allotment  vacancies  in  the  grade  of   first
lieutenant, provided the servicemembers were qualified for and  worthy
of promotion.  This change was  not  to  be  used  for  the  automatic
promotion of all second lieutenants, but was designed  for  those  who
were denied promotions because they were  not  assigned  to  positions
established for the higher grade.  The applicant’s records reflect  he
entered active duty as a second lieutenant on 8 February 1944 and  was
relieved from active duty on 7 October 1945.  While it appears he  had
the 18 months of service, he has not  established  he  met  the  other
criteria for  promotion.   Without  documentation  indicating  he  was
eligible for promotion under any other provision of law or policy,  we
cannot determine if he was eligible for promotion to first  lieutenant
in 1944.  Therefore, in view of the foregoing and in  the  absence  of
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought in this application.

4.    The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)  involved.
Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-02161  in  Executive  Session  on  8  December  2004,  under  the
provisions of AFI 36-2603:

                 Ms. Martha J. Evans, Panel Chair
                 Mr. Alan A. Blomgren, Member
                 Mr. Michael J. Novel, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 7 Jul 04, w/atchs.
      Exhibit B. Available Military Personnel Records.
      Exhibit C. Letter, AFPC/DPPPO, dated 15 Oct 04.
      Exhibit D. Letter, SAF/MRBR, dated 22 Oct 04.




                       MARTHA J. EVANS
                       Panel Chair